You are on page 1of 2

103 F.

3d 121

NOTICE: Fourth Circuit Local Rule 36(c) states that citation


of unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
Larry Randall BULLOCK, Defendant-Appellant.
No. 96-6274.

United States Court of Appeals, Fourth Circuit.


Submitted Nov. 21, 1996.
Decided Dec. 6, 1996.

Bridgett Britt Aguirre, Fuquay-Varina, North Carolina, for Appellant.


Janice McKenzie Cole, United States Attorney, David J. Cortes, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
E.D.N.C.
DISMISSED.
Before HALL, WILKINS, and HAMILTON, Circuit Judges.
PER CURIAM:

Larry Randall Bullock appeals from a district court order denying his
Fed.R.Crim.P. 35(b) motion for reduction of his sentence. We dismiss the
appeal.

It is uncontested that Bullock's initial sentence was within the range set by the
federal sentencing guidelines. The order denying Bullock's Rule 35 motion is
not appealable. See United States v. Pridgen, 64 F.3d 147, 149-50 (4th
Cir.1995). Because the district court's decision on the Rule 35 motion is not
appealable, Bullock's argument regarding the district court's discrepancy

between its oral pronouncement to grant the motion but reserving for later
decision the amount of departure and the written order denying the motion is
not subject to review by this court.
3

We dismiss the appeal for lack of jurisdiction. We dispense with oral argument
because the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the decisional process.

DISMISSED.

You might also like